Advocates:
['M/S T D SELVAN BABU', '', 'E L KANNAN', 'B SUDHIR KUMAR-MS/ SCGSC']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2022

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

CRL.O.P.NO.23629 OF 2015

AND

M.P.NO.1 OF 2015

1.M/s. Cassel Research Laboratories Pvt. Ltd.,

Rep. by Managing Director

Mr.R.Murugan

2.Mr.R.Murugan

Managing Director

3.Mr.K.Ravichandran,

Director

4.Mr.M.Venkatesan,

Director

5.Mr.R.Lakshmanan,

Director

6.Mr.R.Nehrudassan

Director

1 to 6 having address at

M/s. Cassel Research Laboratories Pvt. Ltd.,

Plot No.54, SIDCO Industrial Estate,

Thirmudivakkam, Chennai 600 044

...Petitioners / Accused

Vs

Union of India

rep. by Drugs Inspector

Office of Deputy Drugs Controller (India)

Central Drugs Standard Control Organization,

South Zone , 2nd floor,

Shashtri Bhawan Annexe,

Chennai 600 006

...Respondent / Complainant

Criminal Original Petition is filed under Section 482 of

Cr.P.C. to call for the records of the proceedings in

C.C.No.2543 of 2015 on the filie of the X Metropolitan

Magistrate Court, Egmore, Chennai and quash the same.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner

:

Mr.A.R.L.Sundaresan,

Senior counsel,

for Mr.T.D.Selvan Babu

For Respondent

:

Mr.B.Sudhir Kumar

Senior Panel Counsel

ORDER

This Criminal Original Petition has been filed to quash the

criminal proceedings in C.C.No.2543 of 2015 on the file of the X

Metropolitan Magistrate Court, Egmore, Chennai.

2. The petitioners are facing trial for the offences under

Sections 18(a)(i) of Drugs & Cosmetic Act, 1940 (herein after

referred as "Act"), which is punishable under Section 27(d) of

the Act.

3. The case of the complainant is that the first petitioner

company engaged in manufacturing of drugs. On 31.12.2013, Drug

Inspector visited the premises of Government Hospital for Women

and Children, Egmore, who was distributing the drugs and taken

samples of Diclofenac Sodium tables IP 50 mg, B.No.TDT-13012,

which has been manufactured by the first petitioner company and

the same was sent for analysis to the Central Drugs Testing

Laboratory, Chennai, after following the procedure contemplated

under Section 23 of the Drugs and Cosmetic Act. The Drug

Inspector received a report from Laboratory stating that the

samples are not of standard quality. The above report was

received by the Drugs Inspector on 15.04.2014, thereafter, the

complainant sent a letter on 26.05.2014 to the Warehouse in-

charge, Drug warehouse, Tamilnadu Medical Services Corporation

Ltd., Chennai informing the same along with the report and they

sent a reply dated 30.05.2014 stating that they have got the

drugs from the first petitioner. Thereafter, the complainant

issued a show cause notice to the first petitioner on

02.06.2014, for which, the first petitioner sent a reply on

16.06.2014. Not being satisfied with the reply, the

respondent/complainant has come to a conclusion that the first

petitioner had violated the provisions of Section 18(a)(i) of

the Act as they have manufactured and sold the drugs not of

standard quality and filed a complaint before the learned X

Metropolitan Magistrate, Egmore and the learned Judicial

Magistrate has taken cognizance of the offence and issued

process. Now, to quash the said criminal proceedings, the

present petition has been filed. The 2nd petitioner/A2 , who

was the Managing Director, died on 07.02.2020, pending the quash

petition.

https://hcservices.ecourts.gov.in/hcservices/

4. Mr. A.R.L.Sundaresan, learned Senior Counsel, appearing

for the petitioners submitted that so far as the allegation

against A1 company is concerned, the first petitioner/A1 company

will defend the same suitably before the trial Court. So far as

the petitioners 3 to 6/A3 to A6, are concerned, admittedly, they

are only Directors of the Company and they were not incharge of

or responsible to the day to day affairs of the Company and they

are only in